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Supreme Court Victory: Orji Uzor Kalu Reacts - Politics (5) - Nairaland

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Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Omoejigbahe(m): 2:54pm On May 08, 2020
He was not cleared of looting, it was on technician grounds that the judgement was given by the wrong judge. Retrial loading
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Scetrocom: 3:06pm On May 08, 2020
Kingpele:
Ok shame on u, u weren't aquited of your crimes against your own state, they ordered re trial on the basis that the judge who put u behind bars are not qualified to be on the seat, so you might still end up in jail, but even if u escape man justice there is one judge up there whom no one can bribe on your behalf, he will treat u as you treated public funds

I don't understand why he has started rejoicing when it is crystal clear he's going back to jail after retrial. The forces that committed you to jail in the first place are still very much active and are waiting for your retrial to commence.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by hush15: 3:12pm On May 08, 2020
freeze001:
Section396(7) of the Administration of Criminal K=Justice Act (ACJA) provides as follows:
'...notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time : Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”

The purpose of this provision is to cure the requirement of a matter to be tried afresh when a judge is elevated in order to save time. This is the current law today so why is the Supreme court relying on old, time-wasting provisions? The conviction is not quashed on the merits but on this issue already clearly addressed by statute?

That is why I said its all part of the arrangement
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by phranco(m): 3:41pm On May 08, 2020
Nigeria is a big scam, let it be not what am thinking. Maybe the FG (fulani cabals) wants to use him as a stooge against his brethen, so they have striked a deal with him to further strengthen the fulanization agenda in the east, and used that "judgement re-trial" clause to throw him back to prison if he dare fails or betray them. The re-trial will linger for more than 10 years as long as he is dancing to their tunes. And dont be surprised they want to use him against his brother Mazi Nnamdi Kanu, to pull him down. Lets watch as the drama unfolds, nothing goes for nothing in Nigeria. Orji has been known for his betrayal and sabotage tendencies against his people.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by emperorlaqrin: 3:50pm On May 08, 2020
SmartProf:
From what I read up there, the supreme Court has not acquitted him, but only ordered that the case be reassigned for trial

It means the verdict delivered by justice Idris jsc is null and void hence reassignment
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Sermwell(m): 4:39pm On May 08, 2020
zikter:
I don't agree with you, at least not on this one. The whole blame should go to the high court, who assigned an unqualified judge to deliver judgement. Up holding the judgement would be outright miscarriage of Justice to Kalu, regardless that he stole. The defence saw a loop hole in the judgement and perfectly exploited it. The supreme Court did excenlently in the case on the contrary, not acquitting him but ordering reassignment. It is a technical judgement, yes, but the whole law and court process is built on technicalities. Additionally, emotions are not part of law but facts. The fact upon which Kalu challenged the lower judgement was valid under the law.
that technicalities doesn't hold water please.....This is a funny position by the Supreme court. Section 396(7) of the Administration of Criminal Justice Act (ACJA) provides as follows:
'...notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time : Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by zikter(m): 4:43pm On May 08, 2020
Sermwell:

that technicalities doesn't hold water please.....This is a funny position by the Supreme court. Section 396(7) of the Administration of Criminal Justice Act (ACJA) provides as follows:
'...notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time : Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”
There is another thread just now on the front page. Read and see how the justices dimistify the section of ACJA you are quoting. It is quite educative.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by zikter(m): 4:46pm On May 08, 2020
Sermwell:

that technicalities doesn't hold water please.....This is a funny position by the Supreme court. Section 396(7) of the Administration of Criminal Justice Act (ACJA) provides as follows:
'...notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time : Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”
The apex court further held that section 396(7) of the Administration of Criminal Justice Act (ACJA), 2015 which allows the President of the Court of Appeal to issue a fiat to Justice Idris to adjudicate on the case is a nullity as it conflicts with the provisions of the 1999 constitution.

The controversial section 396(7) of ACJA, which was declared a nullity by the Supreme Court reads;

“Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time: Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”

However, the apex court held that the Fiat issued to justice Idris by the president Court of Appeal President dated July 2, 2019 pursuant to section 396(7) of the Administration of Criminal Justice Act was unconstitutional.

Justice Eko held that ” the president of the Court of Appeal acted ultra vires her powers when she issued the fiat to Justice Idris to sit as a judge of the Federal High Court.

“The Federal High Court and the Court of Appeal are established by the Constitution with distinct powers and functions. The president of the Court of Appeal has no powers to assign dual powers to a Justice of the Court of Appeal to meddle in the internal affairs of the Federal High Court.

“Justice Mohammed Idris having been elevated to the Court of Appeal ceased to be a Judge of the Federal High Court and therefore lacked the jurisdiction to adjudicate on the case.

“Section 396(7) of ACJA did not give him new powers to perform dual functions.

Section 396(7) of ACJA conflicts with section 253 of the constitution which provides that: “The Federal High Court shall be dully constituted if it consists of at least one judge of that court. It is therefore a nullity.

“The implication is that Justice Idris acted without jurisdiction. It is settled law that jurisdiction is the life wire of adjudication and if a court has no jurisdiction to decide a case, the proceedings remain a nullity ab initio, no matter how well conducted and decided. This is so since a defect in competence is not only intrinsic but also extrinsic to the entire process of adjudication.

“Accordingly, the judgment delivered on December 5, 2019 I hereby set aside. The case file is to be remitted to the Chief Judge of the Federal High Court to be assigned to another judge for trial de novo.

“This is because you cannot put something on nothing and expect it to stand as the whole trial was a nullity ab initio”, Justice Eko held.

In her contribution to the judgment, Justice Amina Augie held that section 396(7) of ACJA ” has no place in our statute books. A Justice of the Court of Appeal cannot go back to the High Court and put up a new cap to president on cases. The section is inconsistent with the Constitution and is therefore null and void.”
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Germi9: 5:19pm On May 08, 2020
dangermouse:
Go and sin no more. We all know u are guilty before, so are all the other saints in this government.
thr crimnal is even thanks the poor people of Abia whom he milked dry for their support isn't Nigeria a wonderful geographic location?
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Bimpe29: 5:35pm On May 08, 2020
Judicial system of Naija is in comatose state.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by tete7000(m): 5:36pm On May 08, 2020
He was not acquitted, he is to be rearraigned. Too early to celebrate.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Obiobidgbo14: 5:46pm On May 08, 2020
tete7000:
He was not acquitted, he is to be rearraigned. Too early to celebrate.
You no fit comot knife from him hand when he was on the ground Abi na now him dey stand,I tell you ,you no fit.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by MANNABBQGRILLS: 6:07pm On May 08, 2020
ursamajor:

I agree with you.
Why won't you agree with him?
Supporter of thieves and criminals who destroyed the foundation of our democracy.
Una go hear wehn, keep supporting evil and thieves.
Your unborn kids will have questions for you larrer in life.

2 Likes 2 Shares

Re: Supreme Court Victory: Orji Uzor Kalu Reacts by tete7000(m): 6:13pm On May 08, 2020
Obiobidgbo14:

You no fit comot knife from him hand when he was on the ground Abi na now him dey stand,I tell you ,you no fit.

What is this one saying? All your typed there made no sense.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by zudozz: 6:17pm On May 08, 2020
if u like no close u mouth..continue to dey attack obasanjo.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by emperorlaqrin: 6:27pm On May 08, 2020
hush15:


That will never happen! That move by either justice idris or fg who is the prosecuting counsel was either intentional or mere stupidity out of conflict of interest on the part of the judge. How can you judge a case as both a federal high court judge initially and then as an appeal judge later in during the same proceedings and hearings? When I first read the post on a different thread about the judgement, the first thing that ran through my mind is how come this guy appealed at supreme court straight? Where is the appeal court into his case? Only to realised a stupid judge and a prosecutor tried playing two judges, one man.

But looking at it a holistically, it was either a deliberate technical move to open way for Kalu or the Judge was just being stupid. Also the prosecuting counsel were just foolish and incompetent or compromised. Its just common sense cos even me that didn't study law understands this. At the end of it all, the case will just be reassigned to one that will acquit him or fg will no longer push the case for prosecution till the time of blackmail suffice again under this present regime.



From your comments, you don't seem to know the facts of the matter hence your comments however the basis in which the verdict was annuled was on the issue of jurisdiction technicality . First justice Idris was uplifted to a judge of the court of appeal and was issued with a fiat to continue with the matter and this was where the issue of jurisdiction came in. I can remember vividly jst Idris was supposed to deliver a ruling when this jurisdiction was brought up by Mike ezekhome SAN. Infact there was serious issue Between Rotimi Jacobs SAN and ezekhome on same on that day. A ruling was however delivered by justice Idris on this which was in favor of the AGF. Which led to filing of the appeal which was also in favour of the AGF before the filing at the supreme Court who gave this new verdict.

Please note justice Idris delivered a ruling on this issue before an appeal was entered at the Lagos State court of appeal.

Lot of details on this issue Sha which I can't continue typing.

I was in the court room during all of this proceedings so I know all the facts

Please note am not a lawyer but a paralegal
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by ayusco85(m): 6:39pm On May 08, 2020
Kingpele:
Ok shame on u, u weren't aquited of your crimes against your own state, they ordered re trial on the basis that the judge who put u behind bars are not qualified to be on the seat, so you might still end up in jail, but even if u escape man justice there is one judge up there whom no one can bribe on your behalf, he will treat u as you treated public funds

He can repent and be on the good books of the one above.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by ursamajor: 6:41pm On May 08, 2020
post=89330287:

Why won't you agree with him?
Supporter of thieves and criminals who destroyed the foundation of our democracy.
Una go hear wehn, keep supporting evil and thieves.
Your unborn kids will have questions for you larrer in life.
Wow! so you're this slow?
You did not follow the chain of discussion to realize my initial position of castigating the judgment only to concede to a superior argument.
Your dumb pronunciation cannot have an effect over anyone. Go get a life Mr.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Legendguru: 7:01pm On May 08, 2020
Jokers
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Nobody: 8:51pm On May 08, 2020
PericomaNwankwo:


Lol, imagine person wey dey ready to fight Nairaland girls. (As in you're too dumb you don't even know that most of the girls here are actually boys) Na em want come dey mention me.

grin grin grin

You're just a tool of entertainment grin.
I can feel your painment.
You turned an advice to fight to save face because of your low IQ. It's expected of an Ipob memeber.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by 2016v2017: 10:27pm On May 08, 2020
dangermouse:
Go and sin no more. We all know u are guilty before, so are all the other saints in this government.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by guy222: 11:38pm On May 08, 2020
When i see some igbo's celebrating this judgement, i immediately and trully believe that nigeria is course, infact we are doom in this country,
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by guy222: 11:49pm On May 08, 2020
It would have been better they free all political criminal, for all the judges that participated in this case, may amadihoha, shango and ogun join hand together fire una from generation to generation, useless and stupid country, infact they should just sell this country and give each and everyone of us our share so that we can go to any country of our choice.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by EjaikreTheViper(f): 2:09am On May 09, 2020
post=89330287:

Why won't you agree with him?
Supporter of thieves and criminals who destroyed the foundation of our democracy.
Una go hear wehn, keep supporting evil and thieves.
Your unborn kids will have questions for you larrer in life.

sharaaaaap there fast fast!!!
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Riscawendy(f): 9:08am On May 09, 2020
If you believe that this man was ever inside a prison, you will believe me l tell you my father gave birth to me and not my mum. Nonsense and ingredients.
Re: Supreme Court Victory: Orji Uzor Kalu Reacts by Agboriotejoye(m): 12:55pm On May 09, 2020
My case is a true Nigerian story with a bold MADE-IN-NIGERIA stamp on it- OUK
If you love Buhari, you're a good person and my friend. No apologies- Femi Adesina

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